Terms of service

1. Parties. The Parties to these Terms of Use (“Terms”) are You, the viewer or customer of the site or purchaser of the product(s), and Us, the owner and operator of this website, Bjorn Capital Group LLC (DBA “The Pod Company”). All references to “we,” “us,” “this website,” or “this site” shall be construed to mean The Pod Company.
   
   
2. Modification to Terms. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link at the bottom of this site’s pages. You should check these Terms of Use periodically for modifications.
   
   
3. Age Restrictions. You represent that you are the age of majority or older in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependent(s) to use this site.
   
   
4. No Illegal or Unauthorized Use. You may not use this site or our products for any illegal or unauthorized purposes. Your use may not violate any laws in your jurisdiction, including any country, federal, state, or local laws. A breach or violation of any Terms will result in an immediate termination of your Services.
   
   
5. General Restrictions. We reserve the right to refuse Service to anyone for any reason at any time.
   
   
6. Use and Restrictions; Website Security. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) the public areas of this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement.
   
   You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing data not intended for such user, (b) logging onto a server you are not authorized to access, (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law, (e) reselling, sublicensing, transferring, assigning, or distributing this site, (f) modify or make derivative works based on the site or (g) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
   
   Furthermore, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass any measures we may use to prevent or restrict access to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working on this Site.
   
   We take network security violations seriously. Violations may result in civil or criminal liability. IcePod will investigate occurrences that may involve such violations and may involve, or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
   
   
7. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this website without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy. You may access our Privacy Policy through the link on this site’s home page.
   
   You understand that your content (including credit card information) may be transferred without encryption and could involve (a) transmissions over various networks; or (b) changes to conform or adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.
   
   
8. Copyright Ownership. You agree not to reproduce, duplicate, copy, sell, resell or exploit ANY portion of the Service or this Site without express written permission by us.
   
   The Materials on this Site are the sole and exclusive property of The Pod Company. You may view or download these Materials for your personal use only. You agree that you have no right, title, interest, or claim to the Materials. You may not sell, lend, lease, assign, distribute, or otherwise transfer these materials to another person or entity. You may not copy, reverse engineer, modify or create derivative works based on the Materials. If you transfer a copy of the Materials (or any portion thereof) to another party, your right to use the materials is automatically terminated.
   
   If we provide downloadable content, you may download such copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Pod Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
   
   
9. Products or Services; Quality and Quantity. Certain products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to accurately display the colors and images of our products. We cannot guarantee that your computer, phone, or other device’s monitor's display of any color will be accurate. We are not responsible for any discrepancies you might believe are present between the actual product and any website pictures. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
   
   We reserve the right to limit the sales of our products or Services or the quantities thereof to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You rely on the information contained on our website at your own risk.
   
   
10. Protects or Services; Pricing. Prices for our products are subject to change without any notice, at any time. We may also modify or discontinue the Service without any notice, at any time. We shall not be liable to you or any third-party for a modification, price change, suspension or discontinuance of the Service. We do not offer refunds if a product you purchased later drops in price, nor do we price match with any other site.
    
    
11. Billing and Other Account Information. We may require you to provide information about yourself in order to register for and/or use certain Services or buy our products. We reserve the right to refuse to fulfill any order you may place with us, for any reason, including refusing multiple orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right to modify, limit, or even cancel your order as we see fit. In the event we make a change to your order, we may attempt to notify you through the email and/or billing address/phone number provided by you at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or for any other reason as we see fit.
    
    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Refund Policy.
    
    
12. User Comments, Feedback or Other Submissions. If, at our request, you send certain specific submissions (for example, contest entries) or independently decide to send us any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email or postal mail, or in any other manner (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any comments that you forward to us. We are under no obligation to keep your comments confidential, to pay you compensation for any comments, or to respond directly to any of your comments.
    
    We may monitor, edit or even remove Comments that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable in our sole opinion. This also includes if the comments violate any party’s intellectual property or these Terms.
    
    You agree that your comments will not fall into any of the above categories, nor will they contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or a third party as to the origin of any comments. You are solely responsible for any comments you make, including their accuracy.
    
    
13. Dangerous Activity. It is important you read the instructions carefully and thoroughly to ensure you are setting up and using the products correctly. Incorrect set-up could result in harm or injury to the user, including electrocution or even death. Incorrect use could result in hypothermia or drowning. Incorrect maintenance could result in property damage to the surrounding area of the product. It is your responsibility to ensure all proper safety measures are being observed when using this product. We assume no responsibility and will not be liable for any claims or subsequent damages arising from any property or personal damages coming from your use of our products. No advice or information, written or oral, obtained from us or through our platform will create any warranty not expressly made herein.
    
    
14. Opinions. The information presented on this Site is for the promotion and advertising of The Pod Company's products only.
    
    
15. No Guarantees. IcePod cannot guarantee that any of the information continued on our Site or in our Downloadable Content is correct, accurate, complete, or up to date. You should not act or rely on any information in these materials without seeking the advice of a professional. IcePod disclaims any responsibility for the misuse or misinterpretation of information contained in these Materials. It is your responsibility to follow any and all applicable state, federal or international laws and follow proper safety precautions.
    
    
16. Optional Tools. We may provide you with access to third-party tools which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). You acknowledge and agree that we are under no obligation to become involved in or impose resolution in any dispute between or among you and a Third-Party site that offers such tools. You are responsible for any actions or attorney or court fees that may arise from such disputes. We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
    
    
17. Disclaimer of Warranty; Limitation of Liability. Please read this section carefully as it affects your legal rights!
    

    Our Products are provided on an “as is” basis. We, our affiliates, officers and employees, to the full extent permitted by law, give no guarantee, representation, undertaking or warranty, whether express or implied, written or verbal, statutory or otherwise, in respect of the merchantability, quality or fitness for a particular purpose of any Product, save as set out in our Warranty

    To the extent permitted by law, you agree that we shall not be responsible for any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct, indirect, incidental or consequential, suffered by you or anyone else arising from any:

    a) modification to the Product that has not been authorized by us in writing;

    b) use of the Product that is not in accordance with our instructions and guidelines;

    c) use of the Product in a manner that is not how it would be reasonably used; and/or

    d) breach or violation of or failure to comply with these Terms, or any terms incorporated herein.

    To the extent permitted by law, you agree to fully indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and contractors, harmless from any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct, indirect, incidental or consequential, arising out of or in connection with your:

    a) modification to the Product that has not been authorized by us in writing;

    b) use of the Product that is not in accordance with our instructions and guidelines;

    c) use of the Product in a manner that is not how it would be reasonably used; and/or

    d) breach or violation of or failure to comply with these Terms, or any terms incorporated herein.

    To the extent permitted by law, we shall not be responsible to you for any indirect, consequential, collateral, special, punitive or incidental loss or damage, or losses that are not reasonably foreseeable at the time of your order.

    Our Products are solely for domestic or personal use, and you agree not to use them for any commercial, business or resale purposes. Should you do so, we shall not be responsible for any economic losses you may suffer including but not limited to loss of profits, loss of business, business interruption or loss of business opportunity. Nothing in these Terms is meant to exclude or limit in any way our liability to you where such liability cannot be excluded or limited by applicable law. 

    
    
18. No Liability. The Pod Company disclaims any and all responsibility for any liability incurred by any individual as a result of using the information contained on this site. You use this website AT YOUR OWN RISK.
    
    
19. Services Subject to State Law. The Pod Company operates subject to the laws of the United States of America.

Governing law and dispute resolution.

Please read this Section (Arbitration Agreement) carefully. It is part of your contract with Pod Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

A.    Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, except as specifically excluded in Section (G) (Exclusions from Arbitration) below, you, or anyone purchasing Products or otherwise acting on your behalf, and Pod Company, and any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, agree that any dispute, claim or disagreement arising out of or relating in any way to your access to or use of the Pod Company’s website, or your relationship with Pod Company, any communications you receive from Pod Company or its representatives, any Products purchased, sold, or distributed through the Pod Company’s website or these Terms, prior versions of these Terms and all other terms incorporated herein, including claims and disputes that arose between you and us before the effective date of these Terms and any disputes regarding the scope or validity of this Arbitration Agreement (each, a “Dispute”) will be resolved exclusively by binding arbitration, rather than in court.

For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms, including any other terms, as well as claims that may arise after the termination of these Terms or any other terms. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced.  If you have a Dispute that cannot be resolved through negotiation within the time frame described in Section (B) (Informal Dispute Resolution) below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in Section (G) (Exclusions from Arbitration) below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Pod Company’s website.

B.    Informal Dispute Resolution. If a Dispute arises, Pod Company is committed to working with you to reach a reasonable resolution. You and Pod Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (Informal Dispute Resolution). You and Pod Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), each party will act in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement.  For all Disputes, whether pursued in arbitration or small claims court, you must first send a written description of your Dispute to allow us an opportunity to resolve the dispute (Notice). Your Notice should be sent by email to hello@podcompany.com or regular mail to our offices located at 8 The Green, Suite R Dover, DELAWARE, UNITED STATES 19901.

The Notice must include: (1) your full name, telephone number, mailing address, e‐mail address associated with your purchase or/and account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; (3) a description of your Dispute; and (4) the resolution sought (together, the Required Information). This Required Information is necessary to give Pod Company sufficient information to address your dispute. If your Notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice shall be without effect, and must be re-sent before any arbitration or other legal action can be initiated against Pod Company. You and we each agree to negotiate your Dispute in good faith. You may request arbitration if your Dispute cannot be resolved within sixty (60) days of our receipt of the Notice. Engaging in the Informal Dispute Resolution process described herein is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this Section.

C.    Rules and Forum. The Terms and/or the purchase of Products on the Pod Company’s website evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice by the receiving party, then, and only then, you and Pod Company agree that either party may initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association (AAA). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Pod Company shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Pod Company.

The arbitration will be administered in accordance with the Consumer Arbitration Rules (the AAA Rules) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will take place in New York, New York, or the county and state where you live (unless you and we agree differently). You agree that, in the event of an in-person hearing, any Pod Company employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.

 For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request a hearing and the arbitrator determines that such an appearance is required. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the Dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your Pod Company account history and communications directly related to your purchases of Products from through your Pod Company account.

Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. You and Pod Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All arbitration proceedings shall also be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

D.    Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

E.     Arbitration Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. The arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules), and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office.

Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. Absent appeal, the award of the arbitrator will be final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Nothing in this Section will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate. You and we agree that any claims for damages must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from Pod Company.

F.     Attorneys’ Fees and Costs. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Pod Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

G.    Exclusions from Arbitration.  You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; and (iv) all Disputes arising out of or relating to Section (I) (Waiver of Class and Other Non-Individualized Relief) below, including any claim that all or part of Section (I) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.  In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

H.    Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND POD COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pod Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section (A) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

I.      Waiver of Class and Other Non-Individualized Relief. YOU AND POD COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section (I) (Waiver of Class and Other Non-Individualized Relief) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Pod Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court.

This Section (I) (Waiver of Class and Other Non-Individualized Relief) does not prevent you or Pod Company from participating in a class-wide settlement of claims. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

J.      30-Day Right to Opt Out. If you do not wish to be bound by this Arbitration Agreement and/or class action waiver, you have the right to opt out of its provisions by email to hello@podcompany.com or regular mail to our offices located at 8 The Green, Suite R Dover, DELAWARE, UNITED STATES 19901, within thirty (30) days after first becoming subject to this Arbitration Agreement (the Opt-Out Deadline). Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms, including all applicable other terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

K.    Invalidity, Expiration. Except as provided in Section (I) (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Pod Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 

L.     Modification. We may amend these Terms and/or this Arbitration Agreement at any time, and such amendments will become effective once they are posted. Unless you reject the change within thirty (30) days of such change becoming effective, by email to hello@podcompany.com or regular mail to our offices located at 8 The Green, Suite R Dover, DELAWARE, UNITED STATES 19901, your continued use of the Pod Company’s website, including the purchase of products offered on the Pod Company’s website following the posting of changes to these Terms or to the Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Arbitration Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Pod Company’s website, any communications you receive, any products purchased, sold or distributed through the Pod Company’s website or these Terms, the provisions of the Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Pod Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Arbitration Agreement.

20. Indemnity. You agree to defend, indemnify, and hold IcePod harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by IcePod arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site.

21. Links to This Site. The Pod Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray The Pod Company or its products or services in a false, misleading, derogatory, or offensive manner. You may not use the The Pod Company logo, trademark, or name or trademarks, or other proprietary graphic in the link without the prior written permission of The Pod Company.

22. Links to Third Party Websites. The Pod Company does not review or control third party websites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party sites is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. By using our site, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third party sites will be limited to a claim against those particular third-party sites. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.

23. Accuracy and Integrity of Information. While The Pod Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, out of date pricing or information, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.

Please consult a medical professional before relying on any information presented on this Site or before using any of the Products. Any reliance on the material in this site is at your own risk, and we bear no responsibility for any damages that may arise from your reliance on such material.

24. Severability.  If any term or other provision of these Terms of Use are invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms and conditions herein shall nevertheless remain in full force and effect.

25. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

26. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site.

27. Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms and any other policies or rules posted by us on this Site constitutes the full understanding between us and supersedes any prior Terms.

28. Contact Information. If you have any questions about these Terms, please send an email to us at hello@podcompany.com. You may also send postal mail to us at: 8 The Green STE R,Dover, DE 19901, USA. Thanks!

29. SMS consent By consenting to ThePodCompany’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

30. Products Warning, Child Supervision, Outdoor Use, and Liability Disclaimer

The use of the The Pod Company and any associated products on this website can be dangerous and must be approached with extreme caution. Bjorn Capital Group LLC strongly advises against the use of the IcePod and associated products without proper supervision and safety measures in place. It is essential to ensure that children are closely monitored and kept away from any body of water where the IcePod or associated products are being used.

Furthermore, it is essential to use the IcePod and associated products only in outdoor settings to prevent flooding and damage to indoor property. The user assumes all responsibility for the use of the IcePod and associated products and any damages or consequences that may result from their use. Bjorn Capital Group LLC will not be held liable for any injury, death, damages, or misuse resulting from the use of the IcePod and associated products, Including The Water chiller (The Pod Chiller).

The IcePod and associated products have the potential to lead to drowning if not used properly, and it is crucial to read and follow all safety instructions and warnings provided with each product. By using the IcePod or any associated products on this website, you agree to release Bjorn Capital Group LLC from any and all liability, claims, or damages arising from the use or misuse of the products. You acknowledge that the use of the IcePod and associated products is at your own risk and that you have read and understand the terms of this agreement. If you do not agree to these terms, do not use the products.

31. Mystery Gift Terms and Conditions

1. Eligibility

• Every customer who places an order and provides a valid email address at the pop-up is eligible to receive one (1) free mystery gift.

• The mystery gift is a scratch card, which will be included physically in the package and dispatched along with the order.

• Limited to one scratch card per order, regardless of item quantity.

2. The Mystery Gift

• Each physical scratch card includes a concealed prize that can be revealed by scratching the indicated panel.

• Scratch cards are randomly assigned and securely packaged. The Company is not responsible for damage to cards incurred during transit.

3. Prizes and Odds

The available prizes and odds of winning are as follows:

• Total number of scratch cards printed: 50,000.

• Odds are based on the entire print run and may not reflect odds at the time of your purchase due to depletion.

4. Prize Redemption

• Store Credit Prizes: Revealed codes can be redeemed at checkout on a future purchase and are valid for 12 months from initial purchase.

• Chiller Prize: If your scratch card reveals a Chiller win, follow the instructions on the card to claim your prize. No additional purchase or payment is required to receive the Chiller. It must be claimed within 12 months of the initial purchase after which it may become void.

• All prizes are non-transferable and cannot be exchanged for cash or substituted unless expressly stated.

5. Conditions of Participation

• Scratch cards are only available while supplies last and may not be replaced if lost or damaged after delivery.

• Orders must contain a valid email address at the time of purchase to be eligible.

• The Company reserves the right to cancel or modify the promotion at any time and to disqualify any participant suspected of tampering, fraud, or abuse.

6. Limitation of Liability

• The Company is not responsible for any postal or courier delays or damage during shipping.

• We are not liable for any loss of prize eligibility due to customer error, including incorrect addresses or missing email information.

• Any tax liability resulting from prize acceptance is the sole responsibility of the recipient.

7. Privacy

• By participating, you consent to the use of your email address for prize fulfillment and promotional updates in accordance with our Privacy Policy.

For any questions, please contact us at hello@podcompany.com for more information.

32. Terms & Conditions – Sauna Pod / Pod Chiller Giveaway

Promoter: The Pod Company
Address: 8 The Green, Suite R, Dover, Delaware 19901, United States

1. Eligibility

Entry is open to residents of the United States aged 18 years or over.

Employees of The Pod Company, its affiliates, or immediate family members are not eligible to enter.

2. Giveaway Period

Entries open at the time of announcement.

The giveaway closes 14 days after launch (09/10/2025).

Entries received after the Closing Date will not be counted.

3. How to Enter

Eligible participants must follow the entry instructions provided in the giveaway promotion.

No purchase is necessary to enter.

One entry permitted per individual.

4. Prize

Each winner will receive one (1) Sauna Pod, valued at USD $999. or (2) Pod Chiller + Ice Pod Pro, valued at $1197 and $199

There are a total of 5 prizes available per competition.

The prize is non-transferable, non-exchangeable, and cannot be redeemed for cash or credit.

The Promoter reserves the right to substitute the prize with another of equal or greater value if circumstances beyond its control make it necessary to do so.

5. Draw & Winner Notification

The draw will take place 14 days from the Closing Date using a random electronic selection method.

Winners will be notified via the contact details provided at entry within 7 days of the draw.

If a winner does not respond within 14 days of notification, the prize may be forfeited and a new winner selected.

6. Delivery of Prizes

Prizes will be shipped free of charge within the United States.

The Promoter accepts no responsibility for lost, delayed, or damaged deliveries once dispatched.

7. Publicity

By entering, participants consent to the use of their name, likeness, and entry for promotional purposes in any media without further payment or consideration, unless prohibited by law.

8. General Conditions

The Promoter reserves the right to cancel, suspend, or amend the giveaway where it becomes necessary to do so.

The Promoter is not responsible for entries that are incomplete, misdirected, lost, or delayed.

By entering, participants agree to be bound by these Terms & Conditions.

9. Limitation of Liability

To the extent permitted by law, The Pod Company shall not be liable for any loss, damage, or injury suffered or sustained as a result of participating in the giveaway or accepting a prize.

10. Governing Law

These Terms & Conditions are governed by the laws of the State of Delaware, United States.

Any disputes will be subject to the exclusive jurisdiction of the courts of Delaware.